- 17 - the corporate sale of land could have resulted in financial gain or income to her husband.3 Like the taxpayer in Charlton v. Commissioner, supra, petitioner possessed only a part of the information, and the information that she did possess was insufficient to supply her with actual knowledge regarding the amount of the financial gain from the transaction, if any. In sum and in substance, petitioner knew only that Mr. Martin had transferred his stock in Primera and land was sold. Without knowledge of additional and complex facts, petitioner would not be in a position to actually know the amount of the financial gain from the transaction, if any. We have difficulty discerning any meaningful differences between the taxpayer in Charlton v. Commissioner, supra, who knew of the income source and did not verify the total amount reportable, and petitioner, who knew that her husband transferred stock and sold land, but had no knowledge of the amount of the financial gain, if any, or of most of the facts that gave rise to that gain. Unlike the taxpayer in Cheshire v. Commissioner, supra, respondent has not shown that, at the time she signed the return, petitioner had actual knowledge of items underlying the possibility of any financial gain. 3 Neither party disputes that any gain arising from the stock transfer and land sale would have been reported solely by petitioner’s husband had petitioner and her husband filed separate tax returns.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011